Case Results

Assault with a Dangerous Weapon and Discharging a Firearm Within 500 Feet of a Building: Continued Without a Finding

Police in Berkley, Massachusetts charged a man with multiple counts of Assault with a Dangerous Weapon and Discharging a Firearm Within 500 Feet of a Building. These charges followed allegations that the man emerged from his home and fired multiple shots at a vehicle that passed by. Police were called on scene. Upon their arrival, they encountered two young men who were the driver and passenger, respectively, of the passing vehicle. The young men claimed that as they were leaving a relative’s home and driving down the street, a man emerged from his home, ran down his lawn to the road and fired at least four shots with a handgun at their vehicle. Police interviewed the man. He told police he was home sleeping with his wife and house full of small children. He awoke suddenly to the sound of his teenage daughter’s car arriving abruptly in the driveway. He then saw a number of missed calls and messages on his cellphone that indicated the young girl had been followed home from work late that night by two men driving a dark colored pick-up truck. Fearing for his daughter’s and family’s safety, the man retrieved his 9mm semi-automatic handgun and ran outside to encounter the men who his daughter claimed followed her on the 4-mile drive home, to include a stretch of highway, and pulled up behind her in the driveway. As the man ran down to the road, the truck drove off. Unable to view the license plate, the man emptied the magazine of his weapon by firing a number of warning shots into the air and the wooded area across from his home. Despite his explanation and cooperation with police, he was arrested and charged.

The man and his family retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him against this case and multiple firearm charges in Taunton District Court. The prosecution asked the Court to hold the man without bail on grounds of dangerousness at arraignment. The Court had no discretion but to grant this request. A few days later, at an evidentiary bail hearing, Attorney Calcagni prevailed. Through his cross-examination of the prosecution’s witnesses and evidence offered on his client’s behalf, the Court released the man on personal recognizance. After all, the man had no criminal record or history, was semi-retired, served as a stay-at-home dad for multiple children, was both a licensed firearm owner and a well-known outdoorsman, and acted out of fear for his family’s safety, opposed to any actual malice.

As the months passed, the parties were unable to reach an agreement for a pretrial disposition. The prosecution and complaining witnesses wanted to send the man to jail for his admitted actions. The Defense sought to avoid jail. This prompted the case to be scheduled for trial. Attorney Calcagni prepared tirelessly by drafting motions to limit evidence, preparing character witnesses to present testimony, and finetuning a defense of others claim. On the morning of trial, once the judge learned of the facts and circumstances of this case, he sought to short-circuit a trial. In exchange for the man’s admission to sufficient facts that the shooting did in fact occur, accounting for his motive and surrounding circumstances, the Court signaled of its willingness to continue the matter without a finding. The Commonwealth still pressed the Court to impose a jail sentence. In addition to presenting argument, it also offered impact statements from the complaining witnesses. Attorney Calcagni argued in response by emphasizing his client’s age, lack of criminal record, responsibilities in life, success on bail, surrender of firearms, meritorious defense of others claim, and lack of both injury and property damage from his actions. The Court ultimately decided with the defense by continuing this matter without a finding for two years. Providing the man is not charged with a new offense during this time, the case will be dismissed and he will not incur a criminal conviction from this incident.

Criminal Defense

Military Defense

Reviews

John Calcagni is the best of the best. I retained him multiple times to represent me in various military matters, to include administrative separation. John is an expert in his field. He is knowledge, professional, caring and aggressive. He has obtained nothing but top results and success on my behalf. I recommend him to anyone in need of legal representation. If you want the number one lawyer in your corner, John is your man.

Andrew Michaud

13:21 21 Sep 18

I had the pleasure of working with John and his team this past year and I couldn't be happier with the service I received. John and his team were professional, courteous and most of all incredibly effective. If I ever need legal services again I will definitely engage John Calcagni and his outstanding team again.

MARY DEBELLO

18:23 11 Sep 18

I highly recommend John Calcagni and his team. My daughter attends college in RI and we live in NY. She found herself in trouble and was arrested on a Disorderly Conduct matter. Our good friend is an attorney in NY and when we realized he could not represent us in RI he found a colleague who highly recommended John. From the first conversation with John, who responded to my initial message immediately, I knew we would be in good hands. He answered all questions and explained the process in as much detail as needed. He was very confident that he would get the charges dismissed. He worked closely with my daughter (his client) while keeping in touch with us, the parents. John was always attainable to us via email, text or phone call and took his time to be sure we understood each step of the case. John delivered the outcome he promised and exactly what we were looking for, we couldn't be more pleased. I would not hesitate to recommend him and (god forbid) I need assistance with the law in RI again, he would be the first call I make!! Thanks John for everything you did for our daughter!!! Mary and Wayne DeBello

Jen Marie

22:33 23 Jun 18

I don’t know where to begin! When I first met with John, I immediately felt like I was in good hands. He is charismatic, funny and really takes the time to get to know you and get a feel for your case. He was very detail oriented and thorough and worked with me for almost two years. Through this exhausting and stressful process, he made me feel comfortable and made sure I understood what was going on every step of the way. I am so thankful I went with John and would absolutely, without a doubt recommend him to anyone who needs help.

John Madden

18:11 05 Sep 18

I'm an active duty soldier and I got a DUI. I deserved the penalties and reprimands but I did not deserve to loose everything. When I was notified that I would be facing a QMP board for separation I knew I had to do all I could to fight back against it for myself and for my family. I am extremely grateful for John and his team. I had no idea about the list of standards I was up against that the board would use to determine weather or not I could keep my job and continue to support my family. Mr. Calcagni systematically itemized and proved beyond a doubt that I met and or exceeded each standard giving the board a clear picture that I still hold value to the Army. He took my personal side and my professional side along with all the legal points and drafted a rebuttal that saved my career. Had I attempted to go against the board on my own I would have surely been denied. Not because I deserved it, but because it is a battle that soldiers are not equipped to deal with on their own and the Army provides zero support. It's terrifying to think back about all that I was up against that I didn't even know about. John and his team come highly recommended and I can't thank them enough for leveling the playing field and placing the control of my career back into my hands. My family and I are forever grateful.

Mr. Calcagni is an absolute LIFE SAVER!!! He is genuinely one of the most intelligent people I have ever met in my life! He masterfully saved my husband's naval career TWICE when we thought all hope was lost at a command where bias and dishonesty rule. My husband and I are forever in his debt and there is not enough we could do or say to show our gratitude. He has a big heart and he fought hard for our family. We would recommend him a thousand times over!!!!